Opinion
No. 83-2106.
November 21, 1984. Rehearing Denied January 21, 1985.
Appeal from the Circuit Court, Palm Beach County, Timothy P. Poulton, J.
Steven R. Berger and Amy N. Dean of Steven R. Berger, P.A., and Peterson Fogarty, P.A., Miami, for appellant.
Gary E. Garbis of Gary E. Garbis, P.A., Miami, for appellees.
We reverse because the placement of the garbage dumpster was a planning-level decision of the City thereby entitling it to sovereign immunity and, further, no exception was created because the dumpster did not constitute a known danger not readily apparent to potential victims or a hidden trap or danger. The dumpster and its location, and whatever danger they created, were open and obvious. Payne v. Broward Co., 461 So.2d 63 (Fla. 1984); City of St. Petersburg v. Collom, 419 So.2d 1082 (Fla. 1982); and Department of Transportation v. Neilson, 419 So.2d 1071 (Fla. 1982).
Reversed.
HERSEY and WALDEN, JJ., and GREEN, OLIVER L., Jr., Associate Judge, concur.